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HomeMy WebLinkAbout048-88 RESOLUTION NO. 48-88 A RESOLUTION DETERMINING COMPLIANCE WITH DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, AND DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITIONS AND IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION 4 ASSESSMENT DISTRICT NO. 88-1 RESOLVED, by the Town Council of the Town of Danville, California, that WHEREAS, a written petition for undertaking proceedings pursuant to special assessment and assessment bond acts, and to assess the costs thereof upon the properties benefited, and waiving proceedings under Division 4 of the Streets and Highways Code of the State of California, signed by the owners of all of the properties proposed to be assessed has been filed with the City Clerk of this Town for the acquisitions and improvements more particularly described in Exhibit "A" hereto attached and by reference incorporated herein; WHEREAS, the cost and expenses of the acquisitions and improvements, together with the incidental expenses of said proceedings, are to be chargeable upon an assessment district, the exterior boundaries of which are the coterminous exterior boundaries of the composite and consolidated area shown on a map thereof on file in the office of the City Clerk and which indicates by a boundary line the extent of the territory 1 included in the proposed assessment district and which shall govern for all details as to the extent of the assessment district; WHEREAS, the proceedings are in whole or in part for the financing of the acquisitions and construction of improvements, portions of which are to be initiated under a contract or contracts entered into, or proposed to be entered into, pursuant to Section 66462 of the Government Code of the State of California; WHEREAS, pursuant to Section 2804.1 of said Streets and Highways Code, there has been submitted written evidence satisfactory to this Council that the total estimated amount of the proposed assessment on the land to be subdivided pursuant to such contract or contracts will not exceed 75% of the estimated fair market value of the land to be subdivided and proposed to be assessed after the proposed public improvements shall have been acquired and constructed, and the Town Council is fully informed in the premises; WHEREAS, the owners have furnished the Town with their declaration, and any additional evidence which this Town may have required, concerning the existence of mortgages or deeds of trust on the land proposed to be subdivided and the names of any mortgagees or beneficiaries thereunder, as required by Section 2804.2 of said Streets and Highways Code; and WHEREAS, the public interest and convenience will be served by the taking o£ the.proceedings; 2 NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED that the owners of all of the property subject to assessment for said acquisitions and improvements who appear to be such on the Assessor's roll on the day that the petition was filed, or, in the case of transfers of land or parts thereof subsequent to the date upon which the last Assessor's roll was prepared, appear to be such on the records in the County Assessor's office which the County Assessor will use to prepare the next ensuing Assessor's roll, and as further defined in said Section 2804.2 of the Streets and Highways Code, have signed and filed with the City Clerk a written petition for the acquisition and construction of improvements pursuant to appropriate special assessment and assessment bond acts, without further compliance with the provisions of Division 4 of said Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED AND ORDERED that the total estimated amount of the proposed assessment, on the land to be subdivided pursuant to a contract or contracts entered into, or proposed to be entered into, pursuant to Government Code Section 66462, will not exceed 75% of the estimated fair market value of the land to be subdivided and proposed to be assessed, after the proposed acquisition and construction of public improvements. IT IS FURTHER FOUND, DETERMINED AND ORDERED that the owners, as specified in Section 2804 of said Streets and 4~ Highways Code, have furnished the Town with their declaration and any additional evidence which the Town may have required, concerning the existence of mortgages or deeds of trust on that portion of the lands to be assessed which is for the financing of the acquisition and construction of improvements to be initiated under a contract entered into or proposed to be entered into pursuant to Section 66462 of said Government Code, and the names of any mortgagees or beneficiaries thereunder, and this City has not required any additional evidence over and above the declarations and additional evidence referred to above, all in strict compliance with the requirements of Section 2804.2 of said Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED AND ORDERED that the proceedings shall be had pursuant to the Municipal Improvement Act of 1913, Division 12 of said Streets and Highways Code and the bonds upon the unpaid assessments thereof shall be issued pursuant to the Improvement Bond Act of 1915, Division 10 of said Street and Highways Code, IT IS FURTHER FOUND, DETERMINED AND ORDERED that the provisions of Division 4 of said Streets and Highways Code, other than those referred to herein be, and they are hereby, dispensed with. 4 I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Town Council of the Town of Danville, California, at a meeting thereof held on the 2nd day of May , 1988 by the following vote: AYES, and in favor thereof, Councilmembers: Greenberg, Jagger, Lane, Ritchey, Schlendorf NOES, Councilmembers: None ABSENT, Councilmembers: None ATTEST: ~1 tyrol e r~~j EXHIBIT "A" Town of Danville Assessment District No. 88-1 Description of Work 1. Camino Tassajara - the acquisition and construction of approximately 4,750 LF of street and related earthwork and grading, storm drain, water system, approximately 2,800 LF trunk and associated sanitary sewer, and landscaping improvements from approximately 900 ft. west of the Crow Canyon Rd. intersection to approximately 3,850 ft. east of the Crow Canyon Rd. intersection. 2. Crow Canyon Road - the acquisition and construction of approximately 2,700 LF of street and related earthwork and grading, storm drain, water system, sanitary sewer, and landscaping improvements from the Camino Tassajara intersection southerly approximately 2,700 ft. 3. Tassajara Ranch Drive - the opening of, and the acquisition and construction of approximately 3,000 LF of street, and related earthwork and grading, storm drain, water system and landscaping improvements from a point on Crow Canyon Rd. approximately 2,000 ft. south of the Camino Tassajara intersection to a point on Camino Tassajara approximately 1,250 ft. east of the Crow Canyon Rd. intersection; and approximately 2,900 LF of storm drain connected from the existing outlet of a 48" storm drain at the south side of Camino Tassajara (approximately 1,000 ft. east of Crow Canyon Rd.) and extending to and along the herein below proposed riparian channel approximately 2,500 ft. south of Camino Tassajara. 4. Tassajara View Drive - the opening of, and the acquisition and construction of approximately 1,350 LF of street and related earthwork and grading, storm drain, water system and landscaping improvements from a point on Crow Canyon Rd. approximately 600 ft. south of the Camino Tassajara intersection easterly approximately 550 ft. to a point on the proposed Tassajara Ranch Drive which is described in number 3 above, said point of intersection being approximately 500 ft. south of the proposed Camino Tassajara - Tassajara Ranch Drive intersection. / A-1 5. Channel Crossings - the opening of, and the acquisition and construction of two street crossings within the herein below proposed riparian channel, each consisting of approximately 160 LF of street and related grading, storm drain, water, sanitary sewer and landscaping improvements; both crossings extending east across the proposed riparian channel from proposed Tassajara Ranch Drive, the first located approximately 550 ft. south of Camino Tassajara the second located approximately 1,300 ft. south of Camino Tassajara. 6. Traffic Signals - the acquisition and construction of traffic signal improvements and associated interconnect for the following intersections: 1. Crow Canyon Rd. and Camino Tassajara. 2. Crow Canyon Rd. and proposed Tassajara View Drive. 3. Crow Canyon Rd. and proposed Tassajara Ranch Drive. 4. Camino Tassajara and a future median break located approximately 800 feet east of the Camino Tassajara - Crow Canyon Road intersection. 5. Camino Tassajara and a future street located approximately 2,525 feet east of the Camino Tassajara - Crow Canyon Road intersection. 6. Camino Tassajara and proposed Tassajara Ranch Drive. 7. Riparian Channel and Mitigation Area - the acquisition and construction of approximately 4,000 ft. of realigned channel improvements for the West Branch Alamo Creek including earthwork and grading, two culvert crossings, grade transition to match existing Creek channel, grading of a mitigation area including an island, culvert crossing, and landscaping and check dam improvements. 8. Park - the acquisition and construction of a 22 acre community park to be located on Crow Canyon Road approximately 2,500 feet south of the intersection of said road with Camino Tassajara. 9. The funding of public infrastructure mitigation improvements of benefit to the assessment district in accordance with that certain Development Agreement for the development of Tassajara Ranch, dated May 6, 1987. 10. Traffic Mitigation - the funding of a portion of the Town's share of those certain roadway improvements identified in that certain Joint Exercise of Powers Agreement approved by the Town of Danville, Council Resolution No. 29-87, adopted on April 20, 1987. A-2 11. Drainage Fee - the funding of an estimated prorata share of regional drainage improvements including a regional detention basin, to be constructed by the Contra Costa County Flood Control and Water Conservation District within the proposed Drainage Area 101A for the West Branch of Alamo Creek. 12. The acquisition of all interests in real property necessary for the above described construction and the acquisition and/or construction of any other work auxiliary to any of the above and necessary to complete the same; together with the payment of all incidental expenses related thereto. A-3